MULLAPERIYAR ENVIRONMENTAL PROTECTION FORUM versus UNION OF INDIA

Citation: [2006] 2 S.C.R. 740 · Decided: 27-02-2006 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Disposed off

Cited by 4 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

A 
MULLAPERIY AR ENVIRONMENT AL PROTECTION FORUM 
v. 
UNION OF INDIA 
FEBRUARY 27, 2006 
B 
[Y.K. SABHARWAL, CJ., C.K. THAKKER AND 
P.K. BALASUBRAMANYAN, JJ.] 
Inter State dispute: 
" 
' 
c 
Mullaperiyar dam-B11ilt in year 1886 by agreement between Maharaja 
of Travancore and Secretary of State for India in Council with a clause that 
reservoir could be filled upto level of 152 ji. -In view of leakage in gallery 
of dam in year 1979, water level limiied upto 13 6 ft-Central Water Commission 
suggesting steps to be executed with co-operation of States of Tamil Nadu and 
D Kera/a where after water level could be taken upto level of 142 ji--Another 
committee of experts recommending that raising of water level to 142 Ji would 
not endanger safety of dum---Held: Apprehensions about safety of dam were 
baseless, hence water level in reservoir is permitted to be raised to 142 Ji.-
" 
Dispute between States of Tamil Nadu and Kera/a was not a 'water dispute' 
as contemplated by Section 2(c) of Inter-State Water Disputes Act, 1956-The 
E agreement was non-political and dispute was not in respect of a right accruing 
or a liability or obligation arising under any provision of the Constitution, as 
regards which jurisdiction of Court was not barred by Article 363 of 
Constitution--Arbitration clause in the agreement was inapplicable as dispute 
was not about rights, duties and obligations or interpretation of any of its 
F part, and parties could not be relegated to alternate remedy of arbitration--
There was no violation of Section 26A of Wild Life (Protection) Act, 1972 as 
by raising water level, boundaries of wildlife sanctuary in which the dam were 
t . ..
not altered-Strengthening work of existing dam in forest was not a non-
forestry activity so as to attract Section 2 of Forest (Conservation) Act, I 980 
requiring prior approval of Union of India. 
G 
Dam-Issue of safety on increase of water level-Disputes between two 
States-Jurisdiction of court---Held: Article 262 of the Constitution of India, 
1950, read with Section I I of the Inter-State Water Dispute Act, 1956, does 
>-
not bar the jurisdiction of court. 
H 
740 
) 
·1 
MULLAPERIYAR ENVIRONMENTAL PROTECTION FORUM v. U.0.1. 
741 
Section I 08 of the States Re-organisation Act, 19 56-Agreement between A 
predecessor States relating to irrigation and power generation etc., continued-
Vires of-Held: It is a statutory recognition of contractual rights and liabilities 
of new States which cannot be effected unilaterally by any of party States 
either by legislation or executive action-Act of 1956 is enacted under plenary 
power of Parliament to make law under Articles 3 and 4 and traverses over B 
all legislative subjects as are necessary for effectuating a proper reorganization 
of the States-It is a statute that gave birth to a State and cannot be said to 
be ultra vires a legislative entry which the State operates after its coming into 
existence. 
Constitution of India, 1950-Legislative powers of State to enact laws C 
in List II of Seventh Schedule-,-It is subject to Parliamentary Legislation 
under Articles 3 and 4. 
Constitution of India, 1950-Article 363-It has no applicability to 
ordinary agreements such as lease agreements, agreements for use of land 
and water, construction works, which are wholly non-political in nature. 
D 
In the year 1886, the Maharaja of TravaJ1core and Secretary of State 
for India in Council entered into an agreement whereunder a large area. 
of land was leased for execution and preservation of irrigation works. 
Pursuant to this agreement, during 1887-1895, a water reservoir across 
Periyar river, known as Mullaperiyar Dam, was constructed. It consists E 
of a main dam, baby dam and other ancillary works. As per the agreement, 
this reservoir could be filled upto level of 152 ft. Certain modifications. 
were made to this agreement in the year 1972 by agreement between State 
of Tamil Nadu and State of Kerala. However, in view of a leakage in the 
gallery of the dam, in the year 1979, the water level was limited upto 136 F 
ft instead of 152 ft .. Central Water Commission (CWC) inspected the dam 
\ 
and after thorough study suggested certain steps for which both States of 
Tamil Nadu and Kerala were to cooperate, and on taking of those steps, 
water level could be taken upto level of 142 ft. However, due to objections 
of State of Kerala, a committee of experts was constituted. It recommended 
that if water level in the reservoir was

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